Seeing Or Photographing Women Whose Genitals Or Breasts Are Exposed, In Public Or Private Where She Would Not Typically Expect Privacy, Won't Attract Offence U/S 354C IPC: Kerala HC

The Court was hearing a Criminal Miscellaneous Case filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the Charge Sheet and all further proceedings in a case registered for the commission of offences punishable under Sections 354C and 509 of the Indian Penal Code.

The bench of Justice A Badharudeen observed, “If a woman normally appears in a public place or private place not in circumstances where she would usually expect, any other person if either see or captures her image, the same, in no way, affect her privacy by exposing the genitals, posterior or breasts are exposed or covered only in underwear etc., no offence under Section 354C of the IPC, would attract.”

Advocate Sreekanth KM appeared for the Appellant and PP MP Prasanth appeared for the Respondent.

Brief Facts-

The Prosecution alleged offences under IPC Sections 354C and 509, stating that the accused approached the complainant’s house in a car, took photos of her and her property, and made gestures with sexual undertones when questioned. It is specifically alleged that the first accused mimicked an inappropriate gesture, while the second accused made another gesture with sexual intent, thereby outraging the complainant’s modesty.

The Court observed, “…watching or capturing the image of a woman, engaged in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image alone is punishable.”

The Court said that the de facto complainant was in front of her house, without any secrecy, as stated in Section 354C of the IPC and as such, the said offence would not attract.

Accordingly, the Court allowed the Petition in part.